Oil and offshore industry: offshore drilling
platforms: injury onshore: petitioner Pacific Operators Offshore, LLP
(Pacific), operates two drilling platforms on the Outer Continental Shelf
(OCS) off the California coast and an onshore oil and gas processing facility.
Employee Juan Valladolid spent 98 percent of his time working on an offshore
platform, but he was killed in an accident while working at the onshore
facility. His widow, a respondent here, sought benefits under the Longshore and
Harbor Workers’ Compensation Act (LHWCA), 33 U. S. C. §901 et seq., pursuant to the Outer
Continental Shelf Lands Act (OCSLA), which extends LHWCA coverage to injuries
“occurring as the result of operations conducted on the OCS” for the purpose of
extracting natural resources from the shelf, 43 U. S. C. §1333(b); the OCSLA
extends coverage to an employee who can establish a substantial nexus between
his injury and his employer’s extractive operations on the OCS; the Ninth
Circuit’s “substantial-nexus” test is more faithful to §1333(b)’s text. This
Court understands that test to require the injured employee to establish a
significant causal link between his injury and his employer’s on-OCS
extractive operations. The test may not be the easiest to administer, but
Administrative Law Judges and courts should be able to determine if an injured
employee has established the required significant causal link. Whether an
employee injured while performing an off-OCS task qualifies will depend on the
circumstances of each case. It was thus proper for the Ninth Circuit to remand
this case for the Benefits Review Board to apply the “substantial-nexus” test
(U.S.S.Ct., 11.01.12, Pacific Operators Offshore, LLP v. Valladolid, J. Thomas).
Wednesday, January 11, 2012
Pacific Operators Offshore, LLP v. Valladolid
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